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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, two years of suspended execution, and 120 hours of community service) imposed by the lower court is too uneasible and unfair.
2. Although there are no circumstances unfavorable to the Defendant, such as the fact that the Defendant appeared as a witness of the judgment, made a false statement against memory, and conducted real estate brokerage without registration, and that the Defendant committed a crime of perjury at the court below, denied the charge of perjury, and that there was a criminal record of fine due to a licensed real estate agent’s business and a violation of the Act on Report of Real Estate Transactions and Report of Real Estate Transactions, etc., the Defendant does not appeal against the court below that found the Defendant guilty of perjury, that the Defendant did not appeal against the court below, that the Defendant did not have any criminal record of imprisonment or heavier, that the Defendant’s perjury seems to have any influence on the trial result (C became final and conclusive as guilty of the crime of occupational breach of trust in the above trial), and that the Defendant’s age, character and conduct, environment, the circumstances and outcome of the crime of this case, and the circumstances of the crime, etc., all of the sentencing factors indicated in the instant case
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
[However, under Article 25 of the Rules on Criminal Procedure, Article 25 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by Act No. 12374, Jan. 28, 2014) is amended as "The Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by Act No. 12374, Jan. 28, 201